Chapter 11: Claims Trading

Web posted and Copyright © 1/12/98, American Bankruptcy Institute.

The following abstract summarizes the text of submissions made to the National Bankruptcy Review Commission. The abstract is organized by NBRC working group and topic.

The Final Report of the NBRC can be viewed on-line. To obtain a copy of any document shown below, contact the Center for Legislative Archives, Room 205, National Archives Building, Washington, D.C. 20408. The telephone number is 202/501-5350. Mr. R. Michael McReynolds, Deputy Director, will be able to assist with specific inquiries. (The NBRC documents will be housed at this location until June, 1999. Thereafter, the records will be transferred to the Center's archives in College Park, MD.)

ID Name Group Other Code
Problem Referenced Proposed Solutions
NBRC-0320 Robert M. Zinman, on behalf of the Bankruptcy Institute American Bankruptcy Institute ("ABI") Numerous position papers, memoranda and research material Claims Trading
None. Claims trading should not be restricted but the court should have the authority to adjust the rights of the claimants if adequate disclosure has not been made in connection with the sale of the claim (no additional details provided).
NBRC-0824 Burton R. Lifland Bankruptcy Judge, Southern District of New York Memorandum Decision and Order Denying Motion to Appoint Examiner Pursuant to 11 U.S.C. §§ 105(a) and 1104(c). Claims Trading 1104(c)(2) Author is forwarding an opinion he wrote in a bankruptcy case in which there was a request pursuant to 11 U.S.C. § 1104(c)(2) for the mandatory appointment of an examiner. The opinion also deals with some of the many problems that can and do arise in the context of claims trading. "I would suggest that, in its deliberations, the Committee ought to review a patential modification of 11 U.S.C. § 1104(c)(2) as well as the negative and positive aspects of post-petition claims trading.
NBRC-0927 Daniel A. Zazove Attorney Copies of pleadings In re OBT Partners Claims Trading
"I understand the Bankruptcy Review Commission is examining the issue of claim purchasing. These set of pleadings may be of interest or assistance to you." N/A
NBRC-0927 Daniel A. Zazove Attorney Copies of pleadings In re OBT Partners Claims Trading
Author is forwarding additional pleadings filed in a case involving claims purchasing. N/A